1990 – 1991 Tutor in the law of Evidence, University of Adelaide Law School

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Specific Areas

Joseph Carney has a broadly based commercial practice both acting as junior counsel in large disputes and as an advocate. In Australia he developed a substantial junior practice in which he advised and appeared in a broad range of substantial commercial and trust disputes. From 2005 to 2012 Joseph practiced substantially in England as a tenant of 3 Stone Buildings, Lincoln’s Inn.

Joseph Carney has experience in the following areas:

General commercial and company

Enforceability of an employee share scheme and valuation of a minority shareholding of a large private computer company (Ipex Software litigation.) A claim for damages for wrongful termination of a 15 year facilities management and equipment procurement agreement for a 54 story office tower (Nauru House Litigation). Numerous minority shareholder and unit trust disputes.

Civil fraud

Fraud cases in both commercial and trust contexts, including Lurgi v Gratz (proceedings against a CFO, his wife and their accountant), the Michael Wilson and Partners Limited litigation (claims for breaches of fiduciary duty, knowing receipt and dishonest assistance in breaches of fiduciary duties) and Levy v Harpur (alleged forged Deed of Settlement).

Equity and Trusts

Cases involving the administration of unit trusts, including applications for the removal of trustees. Acting for an infant beneficiary of a trading trust operating a substantial winery seeking injunctive relief, the removal of the trustee and accounting remedies. The recovery of assets distributed pursuant to a dishonestly back-dated exercise of a power of advancement.

Banking and finance

Cases involving the enforcement of guarantees and mortgages.

Arbitration

From 2005 to 2007, acting and appearing on behalf of certain upper level excess insurers in a confidential Bermuda form arbitration regarding the cancellation and coverage of policies potentially applicable to worldwide product liability lawsuits brought against a leading US pharmaceutical company

In 2008, acting and appearing in a substantial ad hoc confidential arbitration regarding breaches of fiduciary and contractual duties (including the diversion of business opportunities) arising out of a business venture in the Republic of Kazakhstan.

Professional Negligence

Advising a leading accountancy firm on the investigation of an audit complaint by the ICAEW.

Acting and advising in relation to claims against solicitors and accountants for professional negligence. Advising on claims against actuaries.

Insurance

Acting for insurers in disputes concerning issues such as avoidance for material non-disclosure and coverage; including acting and appearing (led by G Vos QC) on behalf of certain upper level excess insurers in a Bermuda form arbitration regarding the cancellation and coverage of policies potentially applicable to worldwide product liability lawsuits brought against a leading US pharmaceutical company.

Australian Cases

Michael Wilson & Partners Ltd v Nicholls and ors [2010] NSWCA 222, [2009] NSWSC 1033. Claim against employees for breaches of fiduciary duties and dishonest assistance in relation to the misappropriation of certain business opportunities involving the listing of companies on AIM.

Levy v Harpur [2004] VSC 24: acting for the executors of an estate where questions regarding the validity and effect of the will and certain trust instruments were raised, in particular whether a deed of trust allegedly executed by the testator was effective to effect a gift of property worth in excess of A$20 million where the deed contained a future commencement date.

Hosking v Ipex Software Services Pty Ltd [2004] VSC 299. acting for the defendants in an assessment of damages for breach of an agreement to give the plaintiff 5% of the equity in a business which was subsequently the subject of a reverse takeover offer by a public company

Nauru House Litigation [2004]. acting for the defendant in an assessment of damages for wrongful termination in the second year of a 15 year facilities management and equipment procurement agreement for a 54 story office tower.

Briar Hill Litigation [2003/4]. (settled) acting for a minority shareholder and beneficiary in trading and property holding companies and trusts where issues of oppression and the mala fides exercise of a power of appointment by trustees arose.

Ipex Software Services Pty Ltd & Ors v Hosking [2000] VSCA 239: acting for defendants in a matter dealing with the enforceability of an agreement to issue equity in businesses held through a series of companies and discretionary trusts